The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-21
FOGARTY SENTENCED.
JUDGE ADAMS IMPOSES THE FULL
PENALTY.

Ten Yea. in the 7enitentiary to be the
Cos, oe His Assault Upon E. j.
Kieffer - The Prisoners Counsel
Makes an Appeal for Mercy - The
Res.s, ms Given for tho Severity of the
Senteuce-1he Case 20 be Appealed.
Thomas Fogarv was brought into the
sup41or Court yesterday afternoon to re-
ce VIC his sentence 1t was not generally
known that sentence was TO have been
passed and consequently there were but few
people il, ,he court, but those who were there
were making all sort of guesses as 70
what il would be The impression
was that two or three years would be
knocked off on account of the jury's recon-
mendation to mercy. At 5:l5 o'clock
Fogarty was brought into court and placed
in the dock. He did not look badly, on the
contrary he looked hale and hearty, but he
was very much downcast. While the Judge
was writing the sentence ne kept his eyes
fixed upon the floor, raising them only now
and 'hen to glance for a moment at his
honor.
A PLEA FOR MERCY.
Mr. Meldrim addressed the court and said
Before sentence is passed have nothing
10 add to what | have already said except
that these attacks continue as before, and
since the prisoner has been in the jail they
have occurred on the average of twice a
week That is his physical condition, and |
do not think that the penitentiary under the
present system is the proper place for per
son so afflicted. Your Honor will remem-
Der that the jury asked If they
could recommend to mercy. Evidently that
request was made because they thought the
prisoner was entitled to mercy on account
of his condition. and / would ask the court
to consider that in passing the sentence.
Fogarty is not in condition to serve
sentence in the penitentiary, and therefore
| would ask the court TO recognize the
recommendation of the jury"
Fogarty's eyes had wandered from his
counsel to Judge Adams during the speech,
but when it was concluded and Judge
Adams began writing again he renowned his
fixed gaze on the floor, and did not again
raise his eyes until the Judge said:
Thomas Fogarty, stand up" He rose in
the dock and leaned against the rail. His
hands started towards his pockets, but he
drew them back and lightly held the rail
while he stood to hear his fate.
PREGNANT WITH MEANING.
Judge Adams then said: 1.-THE assault
which you made upon E. J. Kieffer was as
unprovoked, deliberately planned, and
COOLy e&ecuUbu us any dUlelDpJ Oh nulhu
life that has ever come before this court. 1t
is only a miracle that your victim survived
your attempt to Stay him. / have no doubt
but you are subject to the attacks you say
you have, but though they may be epileptic,
do not believe they rendered you unac-
countable, and have not heard that you
were less accountable at the time
of the shooting than at tine
time of the trial. No plea
of insanity was filed, or you would have
been sentenced to the asylum if you had
been found insane. The idea of putting an
insane man on his trial is repugnant to the
law, and repugnant to us all, and the fact
that your friends permitted you to go to
trial is pregnant with meaning. 1t seems
that you are young man of violent pas
sions, not the result of the
attacks with which you are
afflicted. | deeply sympathize with your
family, whose devotion to you is noble and
admirable but Kieffer, too, had family;
he is a husband and father, and | am inn
PEELED by a sense of duty and must act un-
der a nobler sentiment than that of sympa-
thy. Suffering must come from wrong
acts, and often it is the innocent
who must suffer most l cannot understand
upon what theory the jury recommended
mercy. If you were unaccountable you
should not have been found guilty;
if you were accountable there is
no reason for mercy. Morally
you are as guilty of murder as if
your victim had died Your sentence will
be ten years in the penitentlary.'
TO BE APPEALED.
The sentence was surprise to all present
Ten years is the full limit and no one
thought that the Judge would inflict the
full penalty, but in doing so he gave con
cisely his reasons for it, and it seems i'm
possible TO find fault with them.
The case will 60 10 the Supreme Court,
and in the meanwhile a supersedeas bond
will be filed and Fogarty VIII be released
under that bond which win be in the sum
OF 5000, to appear at the next session of
the Superior Court Mr.. Meldrim will
fight the case hotly in the Supreme Court,
and use every effort to have the finding of
the lower court reversed, and he says that
he will explain there many things that
have been left unexplained heretofore.